As #Flapol parents, students, teachers & staff contact @DuvalSchools & other @FLSchoolBoards about #COVID masking policies for the start of the next school year, this thread contains some thoughts related to the recent executive order (see flgov.com/wp-content/upl…). #Jaxpol (1/12)
First, please remember that each of us has the most important title in democracy: Citizen. We can use our citizenship skills to impact gov’t decisions about #COVID masking. You can contact your local board members using this @FLSchoolBoards link. (2/12) fsba.org/membership/sch…
@FLSchoolBoards Ambassador Adlai Stevenson said it well: "As citizens of this democracy, you are the rulers & the ruled, the law-givers & the law-abiding, the beginning & the end.” Art. 1, Sec. 1 of the #FlaPol Constitution says the same: “All political power is inherent in the people.” (3/12)
Speaking of the Florida Constitution, it is our state’s ultimate governing document. The Legislature cannot override the Constitution. Statutes must be consistent with the Constitution. Only voters can approve a proposed constitutional amendment. (4/12)
As education attorney Ron Meyer told @MiamiHerald, Article IX of the Constitution is clear. As Section 1 mandates: “Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools.” Please note the word “Safe”. (5/12)
Article IX, Section 4 provides that each district school board “shall operate, control and supervise all free public schools within the district.” (6/12)
Since the Florida Constitution requires a safe public school system, and empowers district school boards to operate, control, and supervise public schools, what is the basis of the executive order on masking? (7/12)
The executive order cited “H.B. 241, the Parents' Bill of Rights” -- specifically its provision that “all parents have the right to make health care decisions for their minor children.” But that justification is questionable for at least two reasons. (8/12)
First, while the law gives parents the right to make health care decisions for their own minor children, parents do not have the right to make those decisions for other children. (9/12)
It is a basic principle of American democracy: We cannot assert our individual liberties in a way that infringes on the liberties of others. If a child attends school without a mask and spreads #COVID, other parents have been denied their right to make health decisions. (10/12)
Second, even if HB 241 applied in this situation, it explicitly allows governmental actions which are “reasonable and necessary to achieve a compelling state interest” if “such action is narrowly tailored and is not otherwise served by a less restrictive means.” (11/12)
Protecting the health of children who can’t be vaccinated is a compelling interest. Requiring all students to wear masks is a reasonable, necessary, narrowly tailored, and proven means of safeguarding their health from #COVID. Ask your #FlaPol school board to act now. (12/12)

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More from @chrishandjax

1 Aug
.@DuvalSchools & other #FlaPol school districts should see these comments from Ron Meyer, "one of Florida’s leading education policy attorneys" who "questioned the governor’s authority" to issue the masking order. cc: @FLSchoolBoards @PublicSchoolSup (1/4) miamiherald.com/news/local/edu…
"The state no longer is under a state of emergency, Meyer noted, meaning the local boards have the constitutional power to operate, control and supervise schools in their districts. 'I don’t know how Article IX of the Constitution could be more clear,' he said." (2/4)
"Meyer further added that the governor’s definition of freedom of choice appeared situational. The state bans indoor smoking, for instance, he said, because of the effects secondhand smoke has on the people around you, regardless of your desire to smoke, he noted." (3/4)
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